The salient points addressed by
the Landlord's Right Of Entry statutes are identified within each particular
state. Reading the linked statutes is
essential. Several states have no statute regulating a landlord’s entry, and
where this is true we have so stated. Select your state:

Citation

Entry without
consent

Yes, in case
of emergency only.

Emergency

May enter
without notice or consent provided notice impractical.

Notice

Two days,
except in case of emergency.

Days and times

Reasonable
times

Reasons

Inspect the
premises; make necessary or agreed repairs, decorations,
alterations, or improvements, supply necessary or agreed services,
or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen, or contractors; in case of emergency,
if landlord reasonably believes tenant has abandoned the premises;
or failure to maintain rental unit if materially affecting health
and safety that can be remedied by repair, replacement of a damaged
item, or cleaning, and the tenant fails to comply as promptly as
conditions require in case of emergency or within seven days after
written notice by the landlord specifying the breach and requesting
that the tenant remedy it within that period of time; or as
necessary in case of absence of the tenant of more than 14 days.

Remedy on refusal

Misc.

Remarks

COMMENT:

Ala. Code Sec. 35-9A-303. Tenant
may not unreasonably withhold consent to the landlord to enter into the
dwelling unit in order to inspect the premises, make necessary or agreed
repairs, decorations, alterations, or improvements, supply necessary or
agreed services, or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen, or contractors. In addition,
landlord may enter in case of emergency, if he reasonably believes tenant
has abandoned the premises; or failure to maintain if materially affecting
health and safety that can be remedied by repair, replacement of a damaged
item, or cleaning, and the tenant fails to comply as promptly as conditions
require in case of emergency or within seven days after written notice by
the landlord specifying the breach and requesting that the tenant remedy it
within that period of time; or as necessary in case of absence of the tenant
of more than 14 days. Entry may be made with tenantís consent on at least
two days written notice, or less or none in case of emergency.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without consent

Only in emergency or extended
unexplained absence, otherwise, tenant may not unreasonably withhold
consent.

Emergency

Landlord may enter without
consent or notice.

Notice

Landlord must give at least 24
hours notice, writing not explicitly required but certainly
desirable, if practical and may only enter if tenant gives consent,
otherwise must proceed to legal remedies.

Days and times

Reasonable

Reasons

Emergency, inspect the premises;
make necessary or agreed repairs, decorations, alterations, or
improvements; supply necessary or agreed services; remove personal
property belonging to the landlord that is not covered by a written
rental agreement; or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workers, or contractors,
tenant unexplained absence of more than 7 days.

Remedy on refusal

None specified in statute.

COMMENT:

Alaska Stat. Sec. Sec. 34.03.140 and Sec. 34.03.230.
Tenant may not ďunreasonably withhold consentĒ to landlord access to do the
following: inspect the premises; make necessary or agreed repairs,
decorations, alterations, or improvements; supply necessary or agreed
services; remove personal property belonging to the landlord that is not
covered by a written rental agreement; or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers, or
contractors. Landlord may enter with or without notice and consent in an
emergency only. Landlord otherwise must give at least 24 hours notice,
writing not explicitly required but certainly desirable, if practical and
may only enter if tenant gives consent, otherwise must proceed to legal
remedies. In case of extended absence, more than 7 days, landlord may enter
on notice as above with or without consent and terminate tenancy if there is
evidence of abandonment. May only enter at reasonable times, statute does
not specify.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency

Entry with
or without notice or consent.

Notice

Fourteen
days after written notice to repair conditions affecting health and
safety where tenant has not acted to abate conditions, otherwise two
days written or oral notice ďif practical.Ē Written notice
recommended.

Remedy on refusal

Not
specified.

COMMENT:

Ariz. Rev. Stat. Sec. 33-1343, 1369, 1370. Landlord may enter any time in case of emergency, otherwise only
with consent of tenant which consent shall not unreasonably be withheld.
Landlord must give two days notice ďif practicalĒ except as below, writing
not explicitly required. Landlord may have access ďto inspect the premises,
make necessary or agreed repairs, decorations, alterations or improvements,
supply necessary or agreed services or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen or
contractors.Ē Entry must be made at reasonable times. Landlord may enter
to remedy conditions that affect health and safety caused by tenantís
failure to maintain premises after giving 14 days written notice to tenant
to correct. Landlord may enter in event of abandonment after notice given
as specified in Sec. 33-1370. Look it up in the Landlord Law page for
Arizona.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Remedy on refusal

Arkansas Code Sec. 18 17-602. A tenant shall not unreasonably withhold consent to the
landlord to enter into the dwelling unit in order to inspect the premises,
make necessary or agreed repairs, decorations, alterations, or improvements,
supply necessary or agreed services, investigate possible rule or lease
violations, investigate possible criminal activity, or exhibit the dwelling
unit to prospective or actual purchasers, mortgagees, tenants, workers, or
contractors.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency

No notice or
consent required.

Notice

Reasonable,
presumed 24 hours.

Days and times

Normal
business hours.

Reasons

Go to
Summary

Remedy on refusal

None
specified

COMMENT:

Civil Code Sec. 1954. Landlord must give reasonable
notice except in case of emergency when no notice is necessary. A writing
is not explicitly required. Twenty-four hours is rebuttably presumed to be
reasonable. Landlord may enter in an emergency; to make necessary repairs;
to make agreed repairs; to show the rental to prospective tenants,
mortgagees or purchasers; when the tenant has abandoned or vacated the
premises; and to do a pre-moveout initial inspection. Entry may be made
during normal business hours. Tenant cannot waive protections of this
statute and they cannot be modified in the rental agreement. NB: California
has made the pre-move inspection a special case. In this instance consult
the statute and get our California security deposit accounting kit which
covers everything in detail. Also, statute newly revised to permit entry to
show to prospective purchasers without notice within 120 days after listing
property for sale when special procedures are followed.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

See our
landlord entry lease addendum here. [link]

Entry
in the absence of a statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Emergency

Any time,
with or without consent

Notice

No statute

Days and times

No statute

Reasons

No statute

Remedy on refusal

Landlord
lawsuit

COMMENT:

Conn. Gen. Stats. Secs. 47a-16, 47a-16a, 47a-18, 47a-18a. Landlord must give ďreasonable
written or oral noticeĒ of intent to enter. Landlord may only enter without
tenantís consent in case of emergency, abandonment, or extended absence by
tenant. Tenant may not unreasonably withhold consent to enter. Landlord
may only enter at ďreasonable times.Ē Tenant must consent to entry for the
following purposes: in order to inspect the premises; make necessary or
agreed to repairs, alterations or improvements; supply necessary or agreed
to services; and exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen or contractors. Tenant must inform
landlord of anticipated extended absences. During such absences, the
landlord may enter without notice at reasonable times to do the things
mentioned in the previous sentence. If tenant unreasonably refuses access,
landlord may terminate the rental agreement or get a court order for entry.
If landlord harasses the tenant with requests to enter, or enters without
permission, tenant may terminate the agreement, get an injunction, and
recover actual damages of not less than one monthís rent plus attorney fees.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

In
emergency.

Emergency

No notice
required.

Notice

48 hours.

Days and times

Between 8:00
a.m. and 9:00 p.m. any day.

Reasons

Landlord may
otherwise enter only with tenant consent, which shall not
unreasonably be withheld, for the following purposes: to inspect the
premises; make necessary repairs, decorations, alterations or
improvements; supply services as agreed to; and exhibit the rental
unit to prospective purchasers, mortgagees or tenants. Notice for
entry by prospective tenants and purchasers may be waived by tenant
in writing. The landlord may, during any extended absence of the
tenant, enter the rental unit as is reasonably necessary for
inspection, maintenance and safekeeping. Tenant must grant landlord
access to read meters and measure utility consumption.

Remedy on refusal

Damages.

COMMENT:

Delaware Code Chap. 55
Secs. 5507, 5509, 5510. Landlord must give minimum 48 hrs. notice of intent
to enter except for tenant requested repairs. No requirement notice be in
writing. Landlord may enter at any time in case of an emergency without
notice. Landlord may otherwise enter only with tenant consent, which shall
not unreasonably be withheld, for the following purposes: to inspect the
premises; make necessary repairs, decorations, alterations or improvements;
supply services as agreed to; and exhibit the rental unit to prospective
purchasers, mortgagees or tenants. Notice for entry by prospective tenants
and purchasers may be waived by tenant in writing. The landlord may, during
any extended absence of the tenant, enter the rental unit as is reasonably
necessary for inspection, maintenance and safekeeping. Tenant must grant
landlord access to read meters and measure utility consumption. Failure to
permit reasonable access makes tenant liable to landlord for actual damage
suffered but does not appear to be grounds for termination of the rental
agreement.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

See our
landlord entry lease addendum here. [link]

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

The landlord
may enter the dwelling unit at any time for the protection or
preservation of the premises.

Emergency

No notice
required

Notice

12 hours

Days and times

Reasonable
times, 7:30 a.m. and 8:00 for purposes of repair

Reasons

May enter in
order to inspect the premises; make necessary or agreed repairs,
decorations, alterations, or improvements; supply agreed services;
and exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or contractors. The landlord may
enter the dwelling unit at any time for the protection or
preservation of the premises. The landlord may enter the dwelling
unit upon reasonable notice to the tenant and at a reasonable time
for the purpose of repair of the premises. Also, landlord may enter
if tenant is absent for a period in excess of one-half of the period
of rent payment.

Remedy on refusal

Not
specified.

COMMENT:

Fla. Stat. Sec. 83.53. The
tenant may not unreasonably withhold consent to the landlord to enter the
dwelling unit from time to time in order to inspect the premises; make
necessary or agreed repairs, decorations, alterations, or improvements;
supply agreed services; and exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workers, or contractors. The
landlord may enter the dwelling unit at any time for the protection or
preservation of the premises. The landlord may enter the dwelling unit upon
reasonable notice to the tenant and at a reasonable time for the purpose of
repair of the premises. "Reasonable notice" for the purpose of repair is
notice given at least 12 hours prior to the entry, and ďreasonable timeĒ for
the purpose of repair is between the hours of 7:30 a.m. and 8:00 p.m. A
writing is not explicitly required. The landlord may enter the dwelling
unit when necessary for the other purposes mentioned above under any of the
following circumstances: with the consent of the tenant, in case of
emergency, when the tenant unreasonably withholds consent, or if the tenant
is absent from the premises for a period of time equal to one-half the time
for periodic rental payments. If the rent is current and the tenant
notifies the landlord of an intended absence, then the landlord may enter
only with the consent of the tenant or for the protection or preservation of
the premises.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a
statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

The landlord
may, during any extended absence of the tenant, enter the dwelling
unit as reasonably necessary for purposes of inspection,
maintenance, and safekeeping, or for the other purposes mentioned
above.

Emergency

Not
specified

Notice

Two days.

Days and times

Not
specified.

Reasons

Circumstances in which tenant is obligated to consent are to inspect
the premises; make necessary or agreed repairs, decorations,
alterations, or improvements; supply services as agreed; or exhibit
the dwelling unit to prospective purchasers, mortgagees, or tenants.

Remedy on refusal

Not
specified.

COMMENT:

Haw. Rev. Stats. Secs. 521-53, 521-70.
Landlord must give two days notice of intent to enter except where that is
impractical or in an emergency. A writing is not explicitly required.
Unless the premises have been abandoned landlord may only enter with tenant
consent, which may not unreasonably be withheld. Circumstances in which
tenant is obligated to consent are to inspect the premises; make necessary
or agreed repairs, decorations, alterations, or improvements; supply
services as agreed; or exhibit the dwelling unit to prospective purchasers,
mortgagees, or tenants. The landlord may, during any extended absence of
the tenant, enter the dwelling unit as reasonably necessary for purposes of
inspection, maintenance, and safekeeping, or for the other purposes
mentioned above.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

No statute, but the
following is from a handbook published by the Idaho Attorney Generalís
Office.

ďBecause Idaho law says
nothing as to whether the landlord has the right to enter the premises, the
rental agreement should reserve to the landlord the right to enter the
property to make repairs, to inspect for damage, to show the property to
prospective purchasers, and to show the property to prospective tenants near
the end of the lease, as long as such entry is at a reasonable time and is
done in a reasonable manner. In addition, a provision should be included in
the rental agreement explaining the landlord's rights when a tenant is in
default in the rent and has been absent from the premises for a considerable
period of time.

ďIf the rental agreement
does not address the landlord's right to enter the premises, the landlord
should notify the tenant as to the necessity of entry, requesting permission
to enter in a reasonable manner. The tenant should not refuse permission
for reasonable entry by the landlord.

ďAlthough the law is not
clear, a landlord who has reasonable cause to believe that damage is
occurring to the property probably has the right to enter to inspect for
damage. However, if possible, arrangements for entry should be made with
the tenant.Ē

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a
statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Emergency

No notice
required and may enter at any time if safety of occupants or
property is threatened.

Notice

Reasonable.

Days and times

Reasonable.

Reasons

Inspection;
to make necessary or agreed repairs, decorations, alterations, or
improvements; to exhibit the premises to actual or prospective
purchasers, mortgagees, tenants, workers, or contractors; or in case
of emergency, abandonment or surrender of the premises.

Remedy on refusal

Not
specified.

COMMENT:

The landlord may enter the
premises to make necessary or agreed repairs, decorations, alterations, or
improvements; to exhibit the premises to actual or prospective purchasers,
mortgagees, tenants, workers, or contractors; or in case of emergency,
abandonment or surrender of the premises. Reasonable notice of entry must
be given orally or in writing except in the case of emergency threatening
safety of occupants or property. In case of abandonment or surrender of the
premises, tenantís consent not required for entry.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency or
in case of tenant access in excess of 14 days.

Emergency

No notice
required.

Notice

24 hours

Days and times

Reasonable

Reasons

To inspect
the premises; make necessary or agreed repairs, decorations,
alterations, or improvements; supply necessary or agreed services;
or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or contractors.

Remedy on refusal

Not
specified.

COMMENT:

Iowa Code Secs. 562A.19,
28, 29. The tenant may not unreasonably withhold consent to the landlord to
enter into the dwelling unit in order to inspect the premises; make
necessary or agreed repairs, decorations, alterations, or improvements;
supply necessary or agreed services; or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers, or
contractors. The landlord may enter the dwelling unit without consent of
the tenant in case of emergency. Except in case of emergency or if it is
impracticable to do so, the landlord must give the tenant at least
twenty-four hours notice of the landlord's intent to enter and enter only at
reasonable times. Written notice not explicitly required. If Tenant fails
to do the things required of him to maintain the premises and this affects
health and safety, then the landlord may enter and do what is necessary to
correct the problem if the tenant does not correct it within a reasonable
time if it is an emergency, or if not an emergency, seven days after a
written demand for correction by the landlord. Landlord may enter without
notice as necessary during an absence by the tenant of more than 14 days.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency

Emergency

In case of extreme hazard involving the potential loss of life or severe
property damage landlord may enter any time without notice.

Notice

Reasonable

Days and times

Reasonable

Reasons

In order to
inspect the premises; make necessary or agreed repairs, decorations,
alterations or improvements; supply necessary or agreed services; or
exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen or contractors. Landlord may enter
unit as necessary in case of an absence by tenant of more than 30
days.

Remedy on refusal

Not
specified

COMMENT:

Kans. Stat. Secs. 58-2557,
2565. The landlord has the right to enter the dwelling unit at reasonable
hours, after reasonable notice to the tenant, in order to inspect the
premises; make necessary or agreed repairs, decorations, alterations or
improvements; supply necessary or agreed services; or exhibit the dwelling
unit to prospective or actual purchasers, mortgagees, tenants, workmen or
contractors. The landlord may enter the dwelling unit without consent of
the tenant in case of an extreme hazard involving the potential loss of life
or severe property damage. CAUTION: the statute vaguely implies, but does
not explicitly state, that the right to make a non-emergency entry can only
be done with tenant consent, which probably means that the landlord must
resort to legal remedies if the tenant does not consent to the entry, and
certainly if the tenant explicitly refuses entry. Written notices are not
explicitly required. Landlord may enter unit as necessary in case of an
absence by tenant of more than 30 days.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency or
abandonment in excess of 7 days.

Emergency

No notice or
consent.

Notice

Two days, if
practicable.

Days and times

Reasonable

Reasons

Entry to
inspect; make necessary or agreed repairs, decorations, alterations,
or improvements; provide necessary or agreed services; or exhibit
the dwelling unit to potential or actual purchasers, mortgagees,
tenants, workmen, or contractors. Also in case of extended absence
and emergency, or if tenant fails to discharge an obligation of
tenancy affecting health or safety after 14 days notice.

Remedy on refusal

None
specified.

COMMENT:

Ky. Rev. Stats. Secs. 383.615, 383.670(2). The tenant shall not unreasonably withhold his consent to
the landlordís entry for the following purposes: inspect; make necessary or
agreed repairs, decorations, alterations, or improvements; provide necessary
or agreed services; or exhibit the dwelling unit to potential or actual
purchasers, mortgagees, tenants, workmen, or contractors. Landlord may
enter without consent in an emergency. If practicable, landlord must give
two days notice of intent to enter and enter only at reasonable times. If
tenant fails to discharge his legal responsibility to maintain the premises
causing a danger to health and safety, and tenant fails to fix the condition
as promptly as conditions require in case of an emergency, or within 14 days
of written notice otherwise, then landlord may enter and do the work.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Only in case
of emergency

Emergency

No notice
required.

Notice

Reasonable,
24 hours presumed reasonable.

Days and times

Reasonable.

Reasons

Landlord may
enter to inspect the premises, make necessary or agreed repairs,
decorations, alterations or improvements, supply necessary or agreed
services or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workers or contractors

Remedy on refusal

None
specified.

COMMENT:

Me. Rev. Stat. Title 14, Sec. 6025.
A tenant may not unreasonably withhold consent to the landlord to enter into
the dwelling unit in order to inspect the premises; make necessary or agreed
repairs, decorations, alterations or improvements; supply necessary or
agreed services; or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workers or contractors. A tenant may not
change the lock to the dwelling unit without giving notice to the landlord
and giving the landlord a duplicate key within 48 hours of the change.
Except in the case of emergency or if it is impracticable to do so, the
landlord must give the tenant reasonable notice of his intent to enter and
may enter only at reasonable times. Twenty-four hours is presumed to be a
reasonable notice in the absence of evidence to the contrary.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. We offer an example of such a
covenant here [link].
Keep in mind, also, that there may be rules pertaining to a landlordís right
to enter the dwelling unit related to rent control, if the landlordís
property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

See summary.

Emergency

See summary

Notice

None
specified.

Days and times

Reasons

Landlord may
include in his lease a provision permitting entry to inspect the
premises; to make repairs thereto; or to show the same to a
prospective tenant, purchaser, mortgagee or its agents before the
termination date of the lease.

Remedy on refusal

See summary

COMMENT:

Mass. Gen. Stats. Ch. 186 Sec. 15B1.
Massachusetts grants no right of entry to the landlord except where the
property appears to be abandoned or during the last 30 days of tenancy, to
inspect for damage to be withheld from the security deposit. Otherwise, the
landlord may include in his lease a provision permitting entry to inspect
the premises; to make repairs thereto; or to show the same to a prospective
tenant, purchaser, mortgagee or its agents before the termination date of
the lease. No notice procedure is prescribed.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that
there may be rules pertaining to a landlordís right to enter the dwelling
unit related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Emergency,
illegal activity

Emergency

No notice
required

Notice

Reasonable,
except in emergency or to terminate illegal activity

Days and times

Reasonable

Reasons

Legitimate
business purpose, which includes, but is not limited to, showing the
unit to prospective tenants during the notice period before the
lease terminates or after the current tenant has given notice to
move to the owner or owner's agent; showing the unit to a
prospective buyer or to an insurance representative; performing
maintenance work; allowing inspections by state, county, or city
officials charged in the enforcement of health, housing, building,
fire prevention, or housing maintenance codes; the tenant is causing
a disturbance within the unit; the landlord has a reasonable belief
that the tenant is violating the lease within the tenant's unit;
prearranged housekeeping work in senior housing where 80 percent or
more of the tenants are age 55 or older; the landlord has a
reasonable belief that the unit is being occupied by an individual
without a legal right to occupy it; or the tenant has vacated the
unit.

Remedy on refusal

None
specified

COMMENT:

Minn. Stats. Ch. 504, Sec. 504B.211. Landlord may enter only for a legitimate business
purpose, which includes, but is not limited to, showing the unit to
prospective tenants during the notice period before the lease terminates or
after the current tenant has given notice to move to the owner or owner's
agent; showing the unit to a prospective buyer or to an insurance
representative; performing maintenance work; allowing inspections by state,
county, or city officials charged in the enforcement of health, housing,
building, fire prevention, or housing maintenance codes; the tenant is
causing a disturbance within the unit; the landlord has a reasonable belief
that the tenant is violating the lease within the tenant's unit; prearranged
housekeeping work in senior housing where 80 percent or more of the tenants
are age 55 or older; the landlord has a reasonable belief that the unit is
being occupied by an individual without a legal right to occupy it; or the
tenant has vacated the unit. The landlord must make a good faith effort to
give reasonable notice of entry to the tenant in all circumstances unless
immediate entry is necessary to prevent injury to persons or property
because of conditions relating to maintenance, building security, or law
enforcement; immediate entry is necessary to determine a tenant's safety; or
immediate entry is necessary in order to comply with local ordinances
regarding unlawful activity occurring within the tenant's premises. If the
landlord enters when the tenant is not present and prior notice has not been
given, the landlord shall disclose the entry by placing a written disclosure
of the entry in a conspicuous place.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a
statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Reasons

Remedy on refusal

Misc.

Remarks

Entry
in the absence of a statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that
there may be rules pertaining to a landlordís right to enter the dwelling
unit related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Only in case
of emergency

Emergency

May enter
without notice or consent.

Notice

24 hours.

Days and times

Reasonable

Reasons

To inspect the
premises, make necessary or agreed repairs, decorations,
alterations, or improvements, supply necessary or agreed services,
or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen, or contractors; in case of tenantís
failure to maintain after 14 days notice to remedy; or in case of
absence for more than 7 days or abandonment.

Remedy on refusal

Not
specified.

COMMENT:

Mont. Code Sec. 70-24-312, 70-24-425, 70-24-426. Landlord, except in an emergency, may not enter without
tenant consent, but a tenant may not unreasonably withhold consent to the
landlord or the landlord's agent to enter into the dwelling unit in order to
inspect the premises; make necessary or agreed repairs, decorations,
alterations, or improvements; supply necessary or agreed services; or
exhibit the dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workmen, or contractors. The landlord may enter at any time in an
emergency, without notice. Otherwise, the landlord must give a minimum 24
hours notice if practicable and only enter at reasonable times. Landlord
may also enter if the tenant has abandoned or surrendered possession of the
premises. If the tenant permits the existence of a condition adversely
affecting health and safety that can be remedied by repair, replacement of a
damaged item, or cleaning and the tenant fails to comply as promptly as
conditions require in case of emergency or within 14 days after written
notice by the landlord specifying the condition and requesting that the
tenant remedy it within that period of time, the landlord may enter the
dwelling unit and cause the work to be done in a workmanlike manner and
submit an itemized bill for the actual and reasonable cost, the fair and
reasonable cost, or the fair and reasonable value thereof as rent on the
next date periodic rent is due or, if the rental agreement has terminated,
for immediate payment. If the tenant is absent from the unit for more than
seven days, the landlord may enter as necessary.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency,
abandonment, absence in excess of 7 days.

Emergency

No notice or
consent required.

Notice

One day is
presumed reasonable.

Days and times

Reasonable.

Reasons

To enter
into the dwelling unit in order to inspect the premises; make
necessary or agreed repairs, decorations, alterations, or
improvements; supply necessary or agreed services; or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workmen, or contractors. One day notice is presumed
reasonable. The landlord may enter the dwelling unit without
consent of the tenant in case of emergency. The landlord may enter
the premises if the tenant has abandoned them. During any absence
of the tenant in excess of seven days, the landlord may enter the
dwelling unit at times reasonably necessary.

Remedy on refusal

None
specified.

COMMENT:

Neb. Rev. Stats. Sec. 76-1423. The
tenant may not unreasonably withhold consent to the landlord to enter into
the dwelling unit in order to inspect the premises; make necessary or agreed
repairs, decorations, alterations, or improvements; supply necessary or
agreed services; or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen, or contractors. One day notice is
presumed reasonable. The landlord may enter the dwelling unit without
consent of the tenant in case of emergency. The landlord may enter the
premises if the tenant has abandoned them. During any absence of the tenant
in excess of seven days, the landlord may enter the dwelling unit at times
reasonably necessary.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency

No notice or
consent necessary

Notice

24 hours

Days and times

Reasonable
times during normal business hours unless tenant agrees to entry
outside normal business hours.

Reasons

To inspect
the premises; make necessary or agreed repairs, decorating,
alterations or improvements; supply necessary or agreed services; or
exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen, contractors or other persons with a
bona fide interest in inspecting the premises. Landlord may enter
the premises without notice or consent in case of emergency or in
case the tenant has abandoned the premises. If the tenant's failure
to perform basic obligations can be remedied by repair, replacement
of a damaged item, or cleaning, and the tenant fails to use his best
efforts to comply within 14 days after written notice by the
landlord specifying the condition and requesting that the tenant
remedy it within that period of time or more promptly if conditions
require in case of emergency, the landlord may enter the dwelling
unit and cause the work to be done in a workmanlike manner. Except
in case of emergency, landlord may enter at reasonable times during
normal business hours unless tenant agrees to entry outside normal
business hours.

Remedy on refusal

None
specified

Nev.
Rev. Stats. Sec. 118A.330, 118A.440. A tenant may
not unreasonably withhold consent for the landlord peaceably to enter into
the dwelling unit to: inspect the premises; make necessary or agreed
repairs, decorating, alterations or improvements; supply necessary or agreed
services; or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen, contractors or other persons with a bona fide
interest in inspecting the premises. Landlord may enter the premises
without notice or consent in case of emergency or in case the tenant has
abandoned the premises. If the tenant's failure to perform basic
obligations can be remedied by repair, replacement of a damaged item, or
cleaning, and the tenant fails to use his best efforts to comply within 14
days after written notice by the landlord specifying the condition and
requesting that the tenant remedy it within that period of time or more
promptly if conditions require in case of emergency, the landlord may enter
the dwelling unit and cause the work to be done in a workmanlike manner.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency

Notice

Days and times

Reasons

To make
necessary repairs, or to
perform other reasonable and lawful functions commonly associated
with the ownership of rental property.

Remedy on refusal

Not
specified.

COMMENT:

N.H. Rev. Stats. Sec. 540-A:3. The
landlord may not willfully enter into the premises of the tenant without
prior consent, other than to make emergency repairs. The tenant may not
willfully refuse the landlord access to the premises to make necessary
repairs, or
to perform other reasonable and lawful functions commonly associated with
the ownership of rental property at a reasonable time after notice that is adequate under the circumstances.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that
there may be rules pertaining to a landlordís right to enter the dwelling
unit related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Emergency.

Emergency

May enter
without notice or consent.

Notice

24 hours.
This does not apply to entry by the landlord to perform repairs or
services within seven days of a request by the tenant or when the
landlord is accompanied by a public official conducting an
inspection or a cable television, electric, gas, or telephone
company representative. When the tenant gives reasonable prior
notice and alternate times or dates for entry and it is practical or
will not result in economic detriment to the owner, then the owner
shall reasonably attempt to accommodate the alternate time of entry.

Days and times

Reasons

To inspect
the premises; make necessary or agreed repairs, decorations,
alterations or improvements; supply necessary or agreed services; or
exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, prospective tenants, workmen or contractors;
abandonment; or emergency or abandonment.

Remedy on refusal

Injunctive
relief or termination of tenancy

COMMENT:

N. M. Stats. Secs 47-8-24. The tenant must, in accordance with provisions of the rental
agreement and notice provisions, consent to the landlordís entry into the
dwelling unit in order to inspect the premises; make necessary or agreed
repairs, decorations, alterations or improvements; supply necessary or
agreed services; or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, prospective tenants, workmen or contractors;
provided that: unless otherwise agreed upon by the parties, the owner may
enter the resident's dwelling unit only after giving the resident
twenty-four hours written notification of his intent to enter, the purpose
for entry and the date and reasonable estimate of the time frame of the
entry. This does not apply to entry by the landlord to perform repairs or
services within seven days of a request by the tenant or when the landlord
is accompanied by a public official conducting an inspection or a cable
television, electric, gas, or telephone company representative. When the
tenant gives reasonable prior notice and alternate times or dates for entry
and it is practical or will not result in economic detriment to the owner,
then the owner shall reasonably attempt to accommodate the alternate time of
entry. The landlord may enter the dwelling unit without consent of the
resident in case of an emergency. The landlord may enter in case of
abandonment. ďAbandonment" means absence of the resident from the dwelling,
without notice to the owner, in excess of seven continuous days; if such
absence occurs after rent for the dwelling unit is delinquent. During any
absence of the resident in excess of seven days, the owner may enter the
dwelling unit at times reasonably necessary.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís
neglect of his property.

Reasons

Remedy on refusal

Misc.

Remarks

Entry
in the absence of a statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. We offer an example of such a
covenant here [link].
Keep in mind, also, that there may be rules pertaining to a landlordís right
to enter the dwelling unit related to rent control, if the landlordís
property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

In an
emergency

Emergency

No notice or
consent necessary.

Notice

Reasonable

Days and times

Reasonable

Reasons

Landlord
may enter for the purpose of inspecting the premises; for making
necessary or agreed repairs, decorations, alterations, or
improvements; for supplying necessary or agreed services; or for
exhibiting the residential dwelling unit to actual or potential
purchasers, insurers, mortgagees, real estate agents, tenants,
workmen, or contractors.

Remedy on refusal

Not
specified.

COMMENT:

N.D. Century Code Sec. 47-16-07.3.
Landlord may enter at any time in case of emergency. Otherwise, the landlord may enter only during
reasonable hours, and in a reasonable manner, for the purpose of inspecting
the premises; for making necessary or agreed repairs, decorations,
alterations, or improvements; for supplying necessary or agreed services; or
for exhibiting the residential dwelling unit to actual or potential
purchasers, insurers, mortgagees, real estate agents, tenants, workmen, or
contractors. Unless it is impractical to do so the landlord shall first
notify and receive the consent of the tenant, which shall not be
unreasonably withheld, which consent shall identify a time certain. The
tenantís consent is presumed from failure to object to access after notice
of intent to enter at a time certain has been given. Notice may be given by
personal service, by posting the notice in a conspicuous place in or about
the dwelling unit for a reasonable period of time, or by any other method
which results in actual notice to the tenant.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

In case of
emergency or if notice and consent are impractical

Emergency

No notice or
consent necessary.

Notice

24 hours is
presumed reasonable.

Days and times

Reasons

The tenant
may not unreasonably withhold consent for the landlord to enter into
the dwelling unit in order to inspect the premises; make ordinary,
necessary, or agreed repairs, decorations, alterations, or
improvements; deliver parcels that are too large for the tenant's
mail facilities; supply necessary or agreed services; or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workmen , or contractors.

Remedy on refusal

Injunctive
relief, damages, attorney fees

COMMENT:

Ohio Rev. Code Secs. 5321.04(8), 5321.05(B). Except in the case of emergency or if it is impracticable
to do so, the landlord must give the tenant reasonable notice of his intent
to enter and enter only at reasonable times. Twenty-four hours is presumed
to be a reasonable notice in the absence of evidence to the contrary. The
tenant may not unreasonably withhold consent for the landlord to enter into
the dwelling unit in order to inspect the premises; make ordinary,
necessary, or agreed repairs, decorations, alterations, or improvements;
deliver parcels that are too large for the tenant's mail facilities; supply
necessary or agreed services; or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workmen , or contractors.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency

Emergency

No notice or
consent necessary.

Notice

One day.

Days and times

Reasons

The tenant
may not unreasonably withhold consent for the landlord, or his
agents and employees, to enter into the dwelling unit in order to
inspect the premises; make necessary or agreed repairs, decorations,
alterations or improvements; supply necessary or agreed services; or
exhibit the dwelling unit to prospective or actual purchasers,
mortgagee, tenants, workmen or contractors.

Remedy on refusal

Not
specified.

COMMENT:

Ok. Stats. Title 41, Sec. 128. The
tenant may not unreasonably withhold consent for the landlord, or his agents
and employees, to enter into the dwelling unit in order to inspect the
premises; make necessary or agreed repairs, decorations, alterations or
improvements; supply necessary or agreed services; or exhibit the dwelling
unit to prospective or actual purchasers, mortgagee, tenants, workmen or
contractors. A landlord, or his agents and employees, may enter the
dwelling unit without consent of the tenant in case of emergency or
abandonment. Where practical, the landlord must give one dayís notice of
entry. A writing is not specifically prescribed.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency,
or in certain areas in order to serve notices. See summary.

Emergency

No notice or
consent necessary, but see summary.

Notice

24 hours,

Days and times

See summary

Reasons

See summary

Remedy on refusal

Not
specified

COMMENT:

Or. Rev. Stats. Sec. 90.332. The
statute dealing with landlord access applies to any space exclusively under
the tenantís control, not just the dwelling area. The landlord or, in some
cases as set out below, a landlord's agent, may enter into the premises in
order to inspect the premises; make necessary or agreed repairs,
decorations, alterations or improvements; supply necessary or agreed
services; perform agreed yard maintenance or grounds keeping; or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees, tenants,
workers or contractors. The landlord or landlord's agent may enter upon the
premises under the tenant's exclusive control not including the dwelling
unit, without consent of the tenant and without notice to the tenant, for
the purpose of serving notices required or permitted by law or the rental
agreement. In case of an emergency, a landlord may enter the without
consent of the tenant, without notice to the tenant, and at any time.
ďEmergencyĒ includes, but is not limited to, a repair problem that, unless
remedied immediately, is likely to cause serious damage to the premises. If
the landlord makes an emergency entry in the tenant's absence, the landlord
must give the tenant actual notice within 24 hours after the entry, and the
notice must include the fact of the entry, the date and time of the entry,
the nature of the emergency, and the names of the persons who entered. If
the tenant requests repairs or maintenance in writing, the landlord or
landlord's agent, without further notice, may enter upon demand, in the
tenant's absence, or without the tenant's consent, for the purpose of making
the requested repairs until the repairs are completed. The tenant's written
request may specify allowable times, and if it does not the entry must be at
a reasonable time. The authorization to enter provided by the tenant's
written request expires after seven days, unless the repairs are in progress
and the landlord or landlord's agent is making a reasonable effort to
complete the repairs in a timely manner. If the person entering to do the
repairs is not the landlord, upon request of the tenant the person must show
the tenant written evidence from the landlord authorizing that person to act
for the landlord in making the repairs. A landlord and tenant may agree
that the landlord or the landlord's agent may enter the premises without
notice at reasonable times for the purpose of showing the premises to a
prospective buyer, provided that the agreement: (A) is executed at a time
when the landlord is actively engaged in attempts to sell the premises; (B)
is reflected in a writing separate from the rental agreement and signed by
both parties; and (C) is supported by separate consideration recited in the
agreement. If the rental agreement requires the landlord to do yard
maintenance, then the landlord may enter the non-dwelling unit portions of
the premises to do this work at reasonable times and with reasonable
frequency, provided there is an agreement to that effect in writing. Except
as specifically mentioned above, the landlord must give at least 24 hours
notice of intent to enter. The tenant may block entry by giving the
landlord notice, in advance of the proposed entry, that entry is refused.
This may be done by posting a note on the door or by any other method that
results in actual notice.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a
statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that
there may be rules pertaining to a landlordís right to enter the dwelling
unit related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

In case of
emergency, or, during any absence of the tenant in excess of seven
days, if reasonably necessary for the protection of the property.

Emergency

No notice or
consent necessary.

Notice

Two days.

Days and times

Reasonable

Reasons

To inspect
the premises; make necessary or agreed repairs, decorations,
alterations, or improvements; supply necessary or agreed services;
or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or contractors. Also in case of
failure to maintain after notice to remedy, in emergency, or during
absence in excess of 7 days if necessary for protection of the
property.

Remedy on refusal

Not
specified.

COMMENT:

R.I. Gen. Laws Secs. 34-18-26, 34-18-39. A tenant may not unreasonably withhold consent to the
landlord to enter into the dwelling unit in order to inspect the premises;
make necessary or agreed repairs, decorations, alterations, or improvements;
supply necessary or agreed services; or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers, or
contractors. A landlord may enter the dwelling unit without consent of the
tenant in case of emergency, or, during any absence of the tenant in excess
of seven days, if reasonably necessary for the protection of the property.
The landlord may also enter in case of abandonment. If there is a failure
by the tenant to maintain the premises materially affecting health and
safety that can be remedied by repair, replacement of a damaged item, or
cleaning, and the tenant fails to comply as promptly as conditions require
in case of emergency or within twenty days after written notice by the
landlord specifying the breach and requesting that the tenant remedy it
within that period of time, the landlord may enter the dwelling unit and
cause the work to be done in a skilled manner. The landlord must give two
days notice of intent to enter except in an emergency or if it is not
practicable, and may only enter at reasonable times. Written notice is not
required.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

(1) At any
time in case of emergency Ė prospective changes in weather
conditions which pose a likelihood of danger to the property may be
considered an emergency; (2) between the hours of 9:00 a.m. and 6:00
p.m. for the purpose of providing regularly scheduled periodic
services such as changing furnace and air-conditioning filters,
providing termite, insect, or pest treatment, and the like, if the
right to enter to provide regularly scheduled periodic services is
conspicuously set forth in writing in the rental agreement and,
before entering, the landlord announces his intent to enter to
perform services; or (3) between the hours of 8:00 a.m. and 8:00
p.m. for the purpose of providing services requested by the tenant
if, before entering, the landlord announces his intent to enter to
perform services. Also in case of abandonment or failure to
maintain; see summary.

Emergency

Notice and
consent not required.

Notice

24 hours

Days and times

Reasonable

Reasons

To enter
into the dwelling unit in order to inspect the premises; make
necessary or agreed repairs, decorations, alterations, or
improvements; supply necessary or agreed services; or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workmen, or contractors.

Remedy on refusal

Not
specified

COMMENT:

S.C. Code Secs. 27-40-530, 27-40-720, 27-40-730.
A tenant may not unreasonably withhold consent to the landlord to enter into
the dwelling unit in order to inspect the premises; make necessary or agreed
repairs, decorations, alterations, or improvements; supply necessary or
agreed services; or exhibit the dwelling unit to prospective or actual
purchasers, mortgagees, tenants, workmen, or contractors. A landlord or his
agent may enter the dwelling unit without consent of the tenant: (1) at any
time in case of emergency Ė prospective changes in weather conditions which
pose a likelihood of danger to the property may be considered an emergency;
(2) between the hours of 9:00 a.m. and 6:00 p.m. for the purpose of
providing regularly scheduled periodic services such as changing furnace and
air-conditioning filters, providing termite, insect, or pest treatment, and
the like, if the right to enter to provide regularly scheduled periodic
services is conspicuously set forth in writing in the rental agreement and,
before entering, the landlord announces his intent to enter to perform
services; or (3) between the hours of 8:00 a.m. and 8:00 p.m. for the
purpose of providing services requested by the tenant if, before entering,
the landlord announces his intent to enter to perform services. Except as
stated above to the contrary, the landlord must give at least 24 hours
notice and enter only at reasonable times. Written notice is not explicitly
required. The landlord may enter without notice or consent in case of
abandonment. ďAbandonmentĒ is either an unexplained 15-day absence with
rent in default or any unexplained absence with rent in default and
utilities shut off. If there is a failure by the tenant to maintain the
premises materially affecting health and safety that can be remedied by
repair, replacement of a damaged item, or cleaning, and the tenant fails to
comply as promptly as conditions require in case of emergency or within
fourteen days after written notice by the landlord specifying the condition
and requesting that the tenant remedy it within that period of time, the
landlord may enter the dwelling unit and cause the work to be done in a
workmanlike manner.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a
statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. We offer an example of such a
covenant here [link].
Keep in mind, also, that there may be rules pertaining to a landlordís right
to enter the dwelling unit related to rent control, if the landlordís
property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Emergency.

Emergency

No notice or
consent required.

Notice

Not
specified.

Days and times

Reasonable.

Reasons

To inspect
the premises; make necessary or agreed repairs, decorations,
alterations, or improvements; supply necessary or agreed services;
or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers or contractors. The landlord may also
enter in the event of abandonment by the tenant. If there is a
failure by the tenant to maintain the premises materially affecting
health and safety that can be remedied by repair, replacement of a
damaged item or cleaning, and the tenant fails to comply as promptly
as conditions require in case of emergency or within fourteen days
after written notice by the landlord specifying the breach and
requesting that the tenant remedy it within that period of time, the
landlord may enter the dwelling unit and cause the work to be done
in a workmanlike manner. During an absence of the tenant in excess
of seven days, the landlord may enter the dwelling unit at times
reasonably necessary.

Remedy on refusal

Not
specified.

COMMENT:

Tenn. Code Secs. 66-28-403, 66-28-506, 66-28-507(b). The tenant may not unreasonably withhold consent to the
landlord to enter into the dwelling unit in order to inspect the premises;
make necessary or agreed repairs, decorations, alterations, or improvements;
supply necessary or agreed services; or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workers or
contractors. The landlord may enter the dwelling unit without consent of
the tenant in case of emergency. "Emergency" means a sudden, generally
unexpected occurrence or set of circumstances demanding immediate action.
No notice period is specified. The landlord may also enter in the event of
abandonment by the tenant. If there is a failure by the tenant to maintain
the premises materially affecting health and safety that can be remedied by
repair, replacement of a damaged item or cleaning, and the tenant fails to
comply as promptly as conditions require in case of emergency or within
fourteen days after written notice by the landlord specifying the breach and
requesting that the tenant remedy it within that period of time, the
landlord may enter the dwelling unit and cause the work to be done in a
workmanlike manner. During an absence of the tenant in excess of seven
days, the landlord may enter the dwelling unit at times reasonably
necessary.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. Keep in mind, also, that there
may be rules pertaining to a landlordís right to enter the dwelling unit
related to rent control, if the landlordís property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Emergency

Notice

Days and times

Reasons

The tenant
may not unreasonably deny access, refuse entry, or withhold consent,
to enter the residential rental unit to the owner, agent, or manager
for the purpose of making repairs to the unit.

Remedy on refusal

Not
specified.

COMMENT:

Utah Code Sec. 57-22-5(2)(c). The
tenant may not unreasonably deny access, refuse entry, or withhold consent,
to enter the residential rental unit to the owner, agent, or manager for the
purpose of making repairs to the unit. No notice specified.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Imminent
danger to persons or property (emergency)

Emergency

No notice or
consent needed.

Notice

48 Hours.

Days and times

Any day
between the hours of 9:00 A.M. and 9:00 P.M.

Reasons

To inspect
the premises; to make necessary or agreed repairs, alterations or
improvements; to supply agreed services; or to exhibit the dwelling
unit to prospective or actual purchasers, mortgagees, tenants,
workers or contractors; or for any other purpose if the tenant
agrees.

Remedy on refusal

Not
specified.

COMMENT:

Vt. Stats Title 9, Sec. 4460. The
landlord may enter the dwelling unit with the tenant's consent, which may
not be unreasonably withheld. A landlord may also enter the dwelling unit
when necessary to inspect the premises; to make necessary or agreed repairs,
alterations or improvements; to supply agreed services; or to exhibit the
dwelling unit to prospective or actual purchasers, mortgagees, tenants,
workers or contractors. Such entries may be made between the hours of 9:00
A.M. and 9:00 P.M. on no less than 48 hours' notice. A landlord may only
enter the dwelling unit without consent or notice when the landlord has a
reasonable belief that there is imminent danger to any person or to
property.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency or
impracticality of obtaining consent.

Emergency

No notice or
consent required.

Notice

24 hours.

Days and times

Reasons

To inspect
the premises; make necessary or agreed repairs, decorations,
alterations or improvements; supply necessary or agreed services; or
exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workmen or contractors. Absence more than
seven days. Failure to maintain for more than 14 days notice from
landlord to do so. See summary.

Remedy on refusal

None
specified.

COMMENT:

Va. Code Secs. 55-248.15, 55-248.32, 55-248.33. The tenant may not unreasonably withhold consent to the
landlord to enter into the dwelling unit in order to inspect the premises;
make necessary or agreed repairs, decorations, alterations or improvements;
supply necessary or agreed services; or exhibit the dwelling unit to
prospective or actual purchasers, mortgagees, tenants, workmen or
contractors. The landlord may enter the dwelling unit without consent of
the tenant in case of emergency. Except in case of emergency or if it is
impractical to do so, the landlord shall give the tenant reasonable notice
of his intent to enter and may enter only at reasonable times. If there is
a failure by the tenant to maintain materially affecting health and safety
that can be remedied by repair, replacement of a damaged item, or cleaning,
and the tenant fails to comply within fourteen days after written notice by
the landlord specifying the breach and requesting that the tenant remedy it
within that period of time, the landlord may enter the premises and cause
the work to be done in a workmanlike manner. During any absence of the
tenant in excess of seven days, the landlord may enter the dwelling unit at
times reasonably necessary to protect his, the landlordís, possessions and
property.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Citation

Entry without
consent

Emergency

No notice or
consent required.

Notice

Two days,
one day to show unit to prospective or actual purchasers or tenants.

Days and times

Not
specified.

Reasons

To inspect
the premises; make necessary or agreed repairs, alterations, or
improvements; supply necessary or agreed services; or exhibit the
dwelling unit to prospective or actual purchasers, mortgagees,
tenants, workers, or contractors. See summary for tenant failure to
maintain rental unit.

Remedy on refusal

Not
specified.

COMMENT:

Wash. Rev. Code Sec. 59.18.150, 59.18.180. The tenant may not unreasonably withhold consent to the
landlord to enter into the dwelling unit in order to inspect the premises;
make necessary or agreed repairs, alterations, or improvements; supply
necessary or agreed services; or exhibit the dwelling unit to prospective or
actual purchasers, mortgagees, tenants, workers, or contractors. The
landlord may enter the dwelling unit without consent of the tenant in case
of emergency or abandonment. Except in the case of emergency or if it is
impracticable to do so, the landlord must give the tenant at least two days'
notice of his or her intent to enter and shall enter only at reasonable
times. The tenant shall not unreasonably withhold consent to the landlord
to enter the dwelling unit at a specified time where the landlord has given
at least one day's notice of intent to enter to exhibit the dwelling unit to
prospective or actual purchasers or tenants. In the event of the tenantís
failure to maintain the unit, which failure substantially affects the health
and safety of the tenant or other tenants, or substantially increases the
hazards of fire or accident that can be remedied by repair, replacement of a
damaged item, or cleaning, the tenant must correct the condition within
thirty days after written notice by the landlord specifying the
noncompliance, or, in the case of emergency, as promptly as conditions
require. If the tenant fails to remedy the condition within that period the
landlord may enter the dwelling unit and cause the work to be done.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry
in the absence of a statutory procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. We offer an example of such a
covenant here [link].
Keep in mind, also, that there may be rules pertaining to a landlordís right
to enter the dwelling unit related to rent control, if the landlordís
property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

Citation

Entry without
consent

Emergency

Notice

ďAdvance
notice.Ē

Days and times

Reasons

Landlord may
enter to inspect the premises, make repairs, and show the premises
to prospective tenants or purchasers.

Remedy on refusal

None
specified.

COMMENT:

Wis. Stats. Sec. 704.05(2). The
landlord may upon advance notice and at reasonable times inspect the
premises, make repairs, and show the premises to prospective tenants or
purchasers. If the tenant is absent from the premises and the landlord
reasonably believes that entry is necessary to preserve or protect the
premises, the landlord may enter without notice and with such force as
appears necessary.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

Reasons

Remedy on refusal

Misc.

Remarks

Entry in the absence of a statutory
procedure.

A landlord has no inherent
right to enter his tenantís dwelling unit. The essence of the lease is that
it transfers the right of occupancy from the landlord to the tenant. This
right of occupancy is what the tenant pays for when he pays his rent. In
connection with this right is an implied or explicit covenant of quiet
enjoyment of the premises, which binds the landlord to leave the tenant to
hold the premises in peace for the term for which the premises are let to
him.

In the absence of a
statute, which most states have, permitting the landlord a right to enter
under specified circumstances, the parties may contract to confer this right
on the landlord as a condition of tenancy. We offer an example of such a
covenant here [link].
Keep in mind, also, that there may be rules pertaining to a landlordís right
to enter the dwelling unit related to rent control, if the landlordís
property is covered by it.

For the sake of retention
of oneís tenants and the avoidance of strife during tenancy, the keys to
exercise of the right to entry are as follows. 1. Enter as infrequently as
possible. 2. Always give ample notice and, if possible, allow rescheduling
of the entry at least once to accommodate the tenant. 3. Always enter with
a clearly defined objective in mind, and notify the tenant of it unless
there is a strong reason not to do so.

A tenant must recognize
that the landlord has entrusted a serious portion of his net worth to him
for use as his residence. Even if there are no obvious repairs, it is
important for a landlord to view his property from time to time, say, twice
a year, perhaps to do occasional routine maintenance that might not be
obvious, or even just to ensure that there are no small problems that
threaten to become large ones if not tended to early on. The covenant of
quiet enjoyment is meant to protect a tenantís right to quiet enjoyment of
the benefit of the rental agreement, not to enforce a landlordís neglect of
his property.

For the sake of
retention of oneís tenants and the avoidance of strife during tenancy, the
keys to exercise of the right to entry are as follows. 1. Enter as
infrequently as possible. 2. Always give ample notice and, if possible,
allow rescheduling of the entry at least once to accommodate the tenant. 3.
Always enter with a clearly defined objective in mind, and notify the tenant
of it unless there is a strong reason not to do so.